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(영문) 서울중앙지방법원 2014.04.25 2012가합500945
손해배상(기)
Text

1. DefendantO, P, and each of the Plaintiffs listed in the “Plaintiff” list of the cited amount sheet in attached Form 1, Defendant O and P.

Reasons

1. The summary of the instant case pertains to the Plaintiffs who purchased the instant subordinated bonds from Y from the first non-registered subordinated bonds issued by Y (hereinafter “Y”) on June 23, 2009 (hereinafter “first subordinate bonds”) and the second non-registered subordinated bonds issued on December 21, 2009 (hereinafter “second subordinate bonds”) which were issued on December 21, 2009; the Plaintiffs purchased the instant subordinated bonds from Y; on the ground that the audit report attached to the relevant registration statement at the time of the issuance of each subordinated bonds, the review report’s financial statements were divided accounts, and the officers such as Y’s president, representative director, and some Defendants who were in charge of reporting, Defendant V Accounting Corporation and its representative, an external auditor, and Defendant and the Republic of Korea who entrusted the business thereof, seeking payment of the purchase price and delayed damages paid by the Plaintiffs to the Republic of Korea.

2. Basic facts

A.Y’s issuance of each of the instant subordinated bonds and purchase of the Plaintiffs’ subordinated bonds (YY) issued the first subordinated bonds in the amount of 16 billion won in total on June 23, 2009, and the second subordinated bonds in the amount of 9.5 billion won in total on December 21, 2009.

② At the time, Y advertised was advertised as “the black person for the current net income for six consecutive years, the 8/8-8 club for three consecutive years (based on December 2008)” (the first subordinated bonds), and “the black person for the current net income for seven consecutive years, and the 8/8 club for four consecutive years (based on June 2009)” (the second subordinated bonds).

In addition, according to the Y internal guidelines, employees in charge of subordinated bonds sales have emphasized that the above subordinated bonds are not less than 8% of the BISD standard equity capital ratio (hereinafter “BISD ratio”) to customers, not more than 8% of the fixed credit ratio (hereinafter “non-performing loans ratio”) (hereinafter “8/8”) and that the above two conditions are “8/8”), but they are not silent until the customer is informed of the overdue interest rate, PF credit ratio, overdue interest rate, etc.

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